Drawbridge Operation Regulation; Cape Fear River, Wilmington, NC, 51699-51700 [2012-20977]

Download as PDF Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations individuals involved in firearm violence associated with drug trafficking. After considering the effectiveness of this delegation over the course of the oneyear period, the Attorney General may elect to make the delegation of authority to the ATF permanent in a subsequent rulemaking. Administrative Procedure Act (APA) Notice and comment rulemaking is not required for this final rule. Under the APA, ‘‘rules of agency organization, procedure or practice,’’ 5 U.S.C. 553(b)(A), that do not ‘‘affect[] individual rights and obligations,’’ Morton v. Ruiz, 415 U.S. 199, 232 (1974), are exempt from the general notice and comment requirements of section 553 of title 5 of the United States Code. See JEM Broad. Co. v. FCC, 22 F.3d 320, 326 (D.C. Cir. 1994) (section 553(b)(A) applies to ‘‘agency actions that do not themselves alter the rights or interests of parties, although [they] may alter the manner in which the parties present themselves or their viewpoints to the agency’’) (quoting Batterton v. Marshall, 648 F.2d 694, 707 (D.C. Cir. 1980) (internal quotation marks omitted)). The revisions to the regulations in 28 CFR part 0 are purely a matter of agency organization, procedure, and practice that will not affect individual rights and obligations. This rule does not expand the government’s ability as a matter of law to effectuate forfeitures; it simply authorizes the Director of ATF to effectuate such forfeitures. Internal delegations of authority such as in this final rule are ‘‘rules of agency organization, procedure, or practice under the APA’’. pmangrum on DSK3VPTVN1PROD with RULES Regulatory Flexibility Act The Attorney General, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies that it will not have a significant economic impact on a substantial number of small entities because it pertains to personnel and administrative matters affecting the Department. Further, a Regulatory Flexibility Analysis is not required for this final rule because the Department was not required to publish a general notice of proposed rulemaking for this matter. Executive Order 12866 and Executive Order 13563 This rule has been drafted and reviewed in accordance with Executive Order 12866, ‘‘Regulatory Planning and Review,’’ section 1(b), Principles of Regulation, and with Executive Order 13563, ‘‘Improving Regulation and VerDate Mar<15>2010 14:47 Aug 24, 2012 Jkt 226001 51699 Regulatory Review.,’’ This rule is limited to agency organization, management, or personnel matters as described by Executive Order 12866, section 3(d)(3) and, therefore, is not a ‘‘regulation’’ or ‘‘rule’’ as defined by that Executive Order. List of Subjects in 28 CFR Part 0 Authority delegations (Government agencies), Government employees, Organization and functions (Government agencies), Privacy, Reporting and recordkeeping requirements, Whistleblowing. Executive Order 12988 Authority and Issuance Accordingly, by virtue of the authority vested in me as Attorney General, including 5 U.S.C. 301 and 28 U.S.C. 509, 510, and for the reasons set forth in the preamble, part 0 of title 28 of the Code of Federal Regulations is amended as follows: This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988, ‘‘Civil Justice Reform.’’ Executive Order 13132 This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, ‘‘Federalism,’’ the Department has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501 et seq. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. Congressional Review Act This action pertains to agency management, personnel, and organization and does not substantially affect the rights or obligations of nonagency parties. Accordingly, it is not a rule for purposes of the reporting requirement of 5 U.S.C. 801. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 PART 0—ORGANIZATION OF THE DEPARTMENT OF JUSTICE 1. The authority citation for 28 CFR Part 0 continues to read as follows: ■ Authority: 5 U.S.C. 301; 28 U.S.C. 509, 510, 515–519. 2. Section 0.130 is amended by designating paragraph (b) as paragraph (b)(1) and by adding new paragraph (b)(2) to read as follows: ■ § 0.130 General functions. * * * * * (b)(1) * * * (2) Seize, forfeit, and remit or mitigate the forfeiture of property in accordance with 21 U.S.C. 881 and applicable Department of Justice regulations. This authority is effective during the 12month period beginning on February 25, 2013 and ending on February 25, 2014, except that it may continue to be exercised after February 25, 2014 with respect to any property in the Bureau’s possession on or before that date. * * * * * Dated: August 21, 2012. Eric H. Holder, Jr., Attorney General. [FR Doc. 2012–20923 Filed 8–24–12; 8:45 am] BILLING CODE 4410–19–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2012–0794] Drawbridge Operation Regulation; Cape Fear River, Wilmington, NC Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, Fifth Coast Guard District, has issued a temporary SUMMARY: E:\FR\FM\27AUR1.SGM 27AUR1 pmangrum on DSK3VPTVN1PROD with RULES 51700 Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Rules and Regulations deviation from the regulation governing the operation of the Cape Fear River Memorial Bridge, at mile 26.8, over Cape Fear River, at Wilmington, NC. The deviation restricts the operation of the draw span to facilitate the structural repairs of the bridge. DATES: This deviation is effective from 8 p.m. on September 26, 2012 until 5:30 a.m. on October 15, 2012. ADDRESSES: Documents mentioned in this preamble as being available in the docket USCG–2012–0794 and are available online by going to http://www. regulations.gov, inserting USCG–2012– 0794 in the ‘‘Keywords’’ box, and then clicking ‘‘Search’’. This material is also available for inspection or copying the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Mr. Bill H. Brazier, Bridge Management Specialist, Fifth Coast Guard District, telephone (757) 398– 6422, email Bill.H.Brazier@uscg.mil. If you have questions on reviewing the docket, call Renne V. Wright, Program Manager, Docket Operations, 202–366– 9826. SUPPLEMENTARY INFORMATION: The North Carolina Department of Transportation, who owns and operates this vertical lift bridge, has requested a temporary deviation to facilitate cable replacement on the structure. Under the regular operating schedule, the bridge opens on signal as required by 33 CFR 117.5, except that under 33 CFR 117.822, the draw need not open for the passage of vessels from 8 a.m. to 10 a.m. on the second Saturday of July and from 7 a.m. to 11 a.m. on the first or second Sunday of November every year. The Cape Fear River Memorial Bridge, at mile 26.8, at Wilmington, NC, has vertical clearances in the open and closed positions of 135 feet and 65 feet above mean high water, respectively. Under this temporary deviation, the drawbridge will be closed to navigation beginning at 8 p.m. on September 26, 2012 until and including 5:30 a.m. on October 1, 2012, and again from 8 p.m. on October 10, 2012 until and including 5:30 a.m. on October 15, 2012. There are no alternate routes for vessels transiting this section of the Cape Fear River. The drawbridge will be unable to open in the event of an emergency. Typical vessel traffic on the Cape Fear River includes a variety of vessels from VerDate Mar<15>2010 14:47 Aug 24, 2012 Jkt 226001 freighters, tug and barge traffic, and recreational vessels. Vessels that can pass under the bridge without a bridge opening may continue to do so at anytime. The Coast Guard has carefully coordinated the restrictions with commercial and recreational waterway users. The Coast Guard will inform all users of the waterway through our Local and Broadcast Notice to Mariners of the closure periods for the bridge so that vessels can arrange their transits to minimize any impacts caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the designated time period. This deviation from the operating regulations is authorized under 33 CFR 117.35. (1) Federal eRulemaking Portal: http://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. (4) Hand Delivery: Same as the mail address above, between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202–366–9329. To avoid duplication, please use only one of these four methods. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. Dated: August 14, 2012. Waverly W. Gregory, Jr., Bridge Program Manager, Fifth Coast Guard District. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2012–20977 Filed 8–24–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard Public Participation and Request for Comments 33 CFR Part 117 [Docket No. USCG–2012–0774] Drawbridge Operation Regulations; Wando River, Cainhoy, SC Coast Guard, DHS. Notice of temporary deviation from regulations; request for comments. AGENCY: ACTION: The Commander, Seventh Coast Guard District, has issued a temporary deviation from the operating schedule that governs the S41 Swingbridge across the Wando River mile 10.0, at Cainhoy, Berkeley County, South Carolina. This deviation will test a change to the drawbridge operation schedule to determine whether a permanent change to the schedule is needed. This deviation will allow the S41 Swingbridge to open on the hour and half-hour which is anticipated to improve vessel traffic flow. DATES: This deviation is effective from 8 p.m. on September 1, 2012 through 5 p.m. on December 31, 2012. Comments and related material must be received by the Coast Guard on or before February 28, 2013. ADDRESSES: You may submit comments identified by docket number USCG– 2012–0774 using any one of the following methods: SUMMARY: PO 00000 Frm 00020 Fmt 4700 If you have questions on this rule, call or email Michael Lieberum, Seventh District Bridge Branch, Coast Guard; telephone (305) 415–6744, email Michael.B.Lieberum@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: Sfmt 4700 We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted, without change, to http://www. regulations.gov and will include any personal information you have provided. Submitting Comments If you submit a comment, please include the docket number for this rulemaking (USCG–2012–0774), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online (http://www.regulations. gov), or by fax, mail or hand delivery, but please use only one of these means. If you submit a comment online via http://www.regulations.gov, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a phone number in the body of your E:\FR\FM\27AUR1.SGM 27AUR1

Agencies

[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Rules and Regulations]
[Pages 51699-51700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20977]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2012-0794]


Drawbridge Operation Regulation; Cape Fear River, Wilmington, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: The Commander, Fifth Coast Guard District, has issued a 
temporary

[[Page 51700]]

deviation from the regulation governing the operation of the Cape Fear 
River Memorial Bridge, at mile 26.8, over Cape Fear River, at 
Wilmington, NC. The deviation restricts the operation of the draw span 
to facilitate the structural repairs of the bridge.

DATES: This deviation is effective from 8 p.m. on September 26, 2012 
until 5:30 a.m. on October 15, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in 
the docket USCG-2012-0794 and are available online by going to http://www.regulations.gov, inserting USCG-2012-0794 in the ``Keywords'' box, 
and then clicking ``Search''. This material is also available for 
inspection or copying the Docket Management Facility (M-30), U.S. 
Department of Transportation, West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal Holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Bill H. Brazier, Bridge Management Specialist, Fifth 
Coast Guard District, telephone (757) 398-6422, email 
Bill.H.Brazier@uscg.mil. If you have questions on reviewing the docket, 
call Renne V. Wright, Program Manager, Docket Operations, 202-366-9826.

SUPPLEMENTARY INFORMATION: The North Carolina Department of 
Transportation, who owns and operates this vertical lift bridge, has 
requested a temporary deviation to facilitate cable replacement on the 
structure.
    Under the regular operating schedule, the bridge opens on signal as 
required by 33 CFR 117.5, except that under 33 CFR 117.822, the draw 
need not open for the passage of vessels from 8 a.m. to 10 a.m. on the 
second Saturday of July and from 7 a.m. to 11 a.m. on the first or 
second Sunday of November every year.
    The Cape Fear River Memorial Bridge, at mile 26.8, at Wilmington, 
NC, has vertical clearances in the open and closed positions of 135 
feet and 65 feet above mean high water, respectively.
    Under this temporary deviation, the drawbridge will be closed to 
navigation beginning at 8 p.m. on September 26, 2012 until and 
including 5:30 a.m. on October 1, 2012, and again from 8 p.m. on 
October 10, 2012 until and including 5:30 a.m. on October 15, 2012. 
There are no alternate routes for vessels transiting this section of 
the Cape Fear River. The drawbridge will be unable to open in the event 
of an emergency.
    Typical vessel traffic on the Cape Fear River includes a variety of 
vessels from freighters, tug and barge traffic, and recreational 
vessels. Vessels that can pass under the bridge without a bridge 
opening may continue to do so at anytime.
    The Coast Guard has carefully coordinated the restrictions with 
commercial and recreational waterway users. The Coast Guard will inform 
all users of the waterway through our Local and Broadcast Notice to 
Mariners of the closure periods for the bridge so that vessels can 
arrange their transits to minimize any impacts caused by the temporary 
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to 
its regular operating schedule immediately at the end of the designated 
time period. This deviation from the operating regulations is 
authorized under 33 CFR 117.35.

    Dated: August 14, 2012.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2012-20977 Filed 8-24-12; 8:45 am]
BILLING CODE 9110-04-P